JEANSON JACQUES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the trial court’s denial of appellant’s petition for writ of habeas corpus. The petition argued that the information was fundamentally defective as it failed to track the language of the statute and specifically allege each element of the offense. The information, however, referenced a specific section of the criminal code that sufficiently detailed the elements of the offense and put appellant on notice of the offense charged. See DuBoise v. State, 520 So.2d 260, 265 (Fla.1988); Fulcher v. State, 766 So.2d 243, 244-15 (Fla. 4th DCA 2000). The information did not wholly fail to charge a crime. Cf. State v. Gray, 435 So.2d 816, 818 (Fla.1983). The information was not fundamentally defective. See Price v. State, 995 So.2d 401 (Fla.2008); White v. State, 973 So.2d 638 (Fla. 4th DCA 2008). *1113 See also Moran v. State, 869 So.2d 613 (Fla. 4th DCA 2004).
The information sufficiently put appellant on notice of the offense charged and he was not prejudiced in his defense. His conviction is not subject to attack based on the alleged defect in the information. See Fla. R.Crim. P. 3.140(o).
GROSS, C.J., TAYLOR and DAMOORGIAN, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marcellus Desmond Calloway v. State, 37 So. 3d 891 (Fla. 1st DCA 2010)…that when an information cites a specific statute, the defendant is put on notice that he is charged with each of the elements of the offense contained in that statute. See DuBoise v. State, 520 So. 2d 260, 265 (Fla.1988); see also Jacques v. State, 1 So. 3d 1112 (Fla. 4th DCA 2009) (holding an information that references a specific section of the criminal code is sufficient to charge the defendant with committing the crime contained in that section); and see State v. Covington, 392 So. 2d 1321 (Fla.1981) (h…
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Carlton E. Adderly v. State, 46 So. 3d 84 (Fla. 4th DCA 2010)…553 So. 2d 294, 296-97 (Fla. 1st DCA [*85] 1989). The information in this case sufficiently tracked the statutory language to give defendant notice of the charged offense. Compare Price v. State, 995 So. 2d 401, 405-06 (Fla.2008); Jacques v. State, 1 So. 3d 1112 (Fla. 4th DCA 2009). While the trial court should have denied ground one of the petition rather than dismissing it, remand for such an order would be a waste of judicial resources. See generally Thompson v. State, 945 So. 2d 627 (Fla. 4th DCA 2006…
Authorities Cited
- State v. Gray, 435 So. 2d 816 (Fla. 1983)
- DuBOISE v. State, 520 So. 2d 260 (Fla. 1988)
- Price v. State, 995 So. 2d 401 (Fla. 2008)
- Fulcher v. State, 766 So. 2d 243 (Fla. 4th DCA 2000)
- White v. State, 973 So. 2d 638 (Fla. 4th DCA 2008)
- Gray v. State, 869 So. 2d 613 (Fla. 5th DCA 2004)
- Moran v. State, 869 So. 2d 613 (Fla. 4th DCA 2004)